Impeachment: DOJ appeals order to release secret evidence gathered by Robert Mueller in Russia investigation

Kevin Johnson, USA TODAY

WASHINGTON – The Justice Department is appealing a federal judge's order directing the release of secret grand jury evidence gathered by special counsel Robert Mueller during a nearly two-year investigation into Russia's interference in the 2016 election.

Justice Department lawyers called for U.S. District Judge Beryl Howell's decision to be set aside, arguing the department would be "irreparably harmed" if the material is turned over to the House Judiciary Committee.

"Once the information is disclosed, it cannot be recalled and the confidentiality of the grand jury information will be lost for all time – particularly if the (House panel) decides to publicize the now-secret ... materials," the government argued in court papers filed Monday.

The legal fight is viewed as a test of the legitimacy of the House impeachment inquiry. Judiciary Committee Chairman Rep. Jerry Nadler, D-N.Y., has argued the panel needs to review the evidence that Attorney General William Barr redacted from the report in order so committee members can review whether President Donald Trump obstructed justice in responding to the Mueller investigation.

Former Special Counsel Robert Mueller arrives before testifying to the House Judiciary Committee on July 24, 2019 in Washington, DC.
Former Special Counsel Robert Mueller arrives before testifying to the House Judiciary Committee on July 24, 2019 in Washington, DC.

The Justice Department claims Congress is not entitled to the information, which typically remains secret, because the House panel failed to explain how the access would help its investigation.

Friday, Howell ordered the Justice Department to disclose by Oct. 30 all portions of Mueller’s report that were redacted because of grand jury evidence, as well as the underlying exhibits that deal with the evidence.

"The White House’s stated policy of non-cooperation with the impeachment inquiry weighs heavily in favor of disclosure," Howell wrote Friday. "Congress’s need to access grand jury material relevant to potential impeachable conduct by a president is heightened when the Executive Branch willfully obstructs channels for accessing other relevant evidence."

This article originally appeared on USA TODAY: DOJ appeals order to release secret evidence in Mueller report